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 The character of property as separate or community is determined at the time of its acquisition. (In re Miller, 31 Cal.2d 191, 197 [187 P.2d 722]; Siberell v. Siberell, 214 Cal. 767, 770 [7 P.2d 1003]; Bias v. Reed, 169 Cal. 33, 42 [145 P. 516]. If it is community property when acquired, it remains so throughout the marriage unless the spouses agree to change its nature or the spouse charged with its management makes a gift of it to the other. (Odone v. Marzocchi, 34 Cal.2d 431, 435 [211 P.2d 297, 212 P.2d 233, 17 A.L.R.2d 1109]; Mears v. Mears, 180 Cal.App.2d 484, 499 [4 Cal.Rptr. 618].)


Property acquired by purchase during a marriage is presumed to be community property, and the burden is on the spouse asserting its separate character to overcome the presumption. (Estate of Niccolls, 164 Cal. 368 [129 P. 278]; Thomasset v. Thomasset, 122 Cal.App.2d 116, 123 [264 P.2d 626]. The presumption applies when a husband purchases property during the marriage with funds from an undisclosed or disputed source, such as an account or fund in which he has commingled his separate funds with community funds. (Estate ...

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